How to Delay a Sheriff Lockout with an Appeal in Delaware

If you’re a renter in Delaware facing eviction, it’s important to know your options after the court’s decision. Sometimes, you can temporarily prevent a sheriff lockout—when law enforcement comes to remove you—by filing an appeal. This guide explains how you can use the appeals process to buy more time in your home, what official forms you’ll need, and what steps to take for the best chance of staying housed while your case is reviewed.

Understanding Eviction and Sheriff Lockouts in Delaware

After a landlord wins an eviction case in Delaware, the court may issue a judgment of possession, allowing the landlord to request a Writ of Possession. This writ authorizes the local sheriff to physically remove tenants if they remain at the property after the deadline. If you disagree with the court’s decision or believe there was a mistake, Delaware law gives you the right to appeal—and if done properly, this can stay (pause) the sheriff's lockout until your appeal is resolved.^[1]

How Filing an Appeal Stays the Lockout

Delaware’s Residential Landlord-Tenant Code provides renters the right to appeal an eviction judgment. When you file your appeal in time and follow all requirements, the removal process is usually paused until a higher court reviews your case.

• You must act very quickly; the deadline to appeal may be as short as 5 days from the court’s judgment.
• You will need to file official forms and may be asked to post a bond or continue paying rent during the appeal.
• The court handling these matters in Delaware is the Justice of the Peace Court.

Key Delaware Forms for Staying a Lockout

• Notice of Appeal from Judgment — Justice of the Peace Court Form 20-06-05-01
  When to use: Renters who lost an eviction case complete and submit this form to start the appeal process. It must be filed within 5 days of the judgment.
  Example: If you receive a judgment in favor of your landlord on June 1, you must submit the Notice of Appeal by June 6 to pause eviction.
  Download Notice of Appeal Form
• Supersedeas Bond (no official statewide form; ask your court clerk)
  When to use: In some cases, to guarantee rent is paid during the appeal, you may be required to post a bond or pay rent into court. The court will provide instructions if this is necessary.

Steps to Stay a Sheriff Lockout with an Appeal

To prevent a sheriff lockout through appeal, here’s what Delaware renters should do:

• After receiving a judgment, obtain and complete the Notice of Appeal form immediately.
• File the appeal form with the Justice of the Peace Court within five (5) calendar days of the judgment.
• Check with the court clerk if a bond or ongoing rent payments are required for the stay.
• Keep proof of your filing and closely watch for any communication from the court.

Relevant Delaware Laws and Protections

The primary law governing evictions and appeals in Delaware is the Delaware Residential Landlord-Tenant Code. It explains your rights and the technical requirements for appeals and lockouts.^[2]

FAQ: Delaware Appeals and Staying Sheriff Lockouts

1. How long do I have to file an appeal after an eviction judgment in Delaware?
   Most renters must file their Notice of Appeal within five (5) calendar days after the eviction judgment is entered.
2. Will filing an appeal always stop the sheriff lockout?
   If the appeal is filed properly and on time, the lockout is generally paused. However, failure to follow all court instructions, such as paying a required bond, could still allow the lockout to proceed.
3. Do I have to keep paying rent during the appeal in Delaware?
   The court may require you to continue paying rent, either directly or into court, to maintain the stay on the lockout.
4. Which court handles rental eviction appeals in Delaware?
   The Justice of the Peace Court is responsible for eviction and appeal hearings in Delaware.
5. Can I get legal help with filing an appeal?
   Yes, renters can contact resources like Delaware Legal Aid or the Justice of the Peace Court's self-help center for assistance.

Key Takeaways

• Delaware renters have the right to appeal an eviction and, if done quickly and correctly, pause a sheriff lockout.
• File the Notice of Appeal within 5 days and follow all court requirements, including potential rent payments or bonds.
• Consult official resources and seek help if you’re unsure about the appeal process.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court — Handles eviction cases and appeals
• JP Court Landlord-Tenant Self-Help — Official tutorials, forms, and guides for renters
• Legal Services Corporation of Delaware — Free or low-cost legal help for tenants
• Delaware Attorney General: Landlord-Tenant Portal — Legal rights and consumer protection info
• Delaware Residential Landlord-Tenant Code — Full state law on renting, eviction, and appeals

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1. Delaware Justice of the Peace Court, "Eviction Appeals and Stays of Possession" — Justice of the Peace Court official site
2. Delaware Residential Landlord-Tenant Code, Title 25, Ch. 57

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